Court No. - 18
Case :- WRIT - C No. - 14696 of 2018 Petitioner :- Kayum Ahmad Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ram Sheel Sharma,Ravi Prakash Singh Kushwaha Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri R.P.S. Kushwaha, learned counsel for the petitioner and learned Standing Counsel for the State respondents.
Petitioner is before this Court assailing the validity of impugned notice dated 23.03.2018 passed by Deputy Collector, Sadar, Sonbhadra and to command the respondents to provide opportunity of hearing to the petitioner before any action taken by them.
At the very outset, Shri Rajesh Srivastava, learned Standing Counsel raised an objection that petitioner has straightway approached to this Court assailing the validity of impugned notice and as such, it is sought to be contended that there is a full fledged mechanism provided therein for taking an appropriate measure for eviction and as such, at this stage, there is no requirement to interfere in the impugned notice.
Confronted with this situation, Shri R.P.S. Kushwaha, learned counsel for the petitioner states that there is every likelihood that the petitioner may be uprooted straightway on mere notice dated 23.03.2018 and as such, this Court should come for the rescue and reprieve of the petitioner.
In this backdrop, the Court has proceeded to examine the record in question and finds that petitioner has filed the present writ petition merely on the apprehension that after issuance of notice, he would be dispossessed from the property in dispute. Once there is a full fledged mechanism provided under the U.P. Revenue Code 2006, then for unauthorized occupation of the public utility land in case there is eviction proceeding, the same would taken strictly in accordance with law and as such, no interference is required in the matter.
Writ Petition is accordingly dismissed.
Order Date :- 24.4.2018 A. Pandey